West Virginia Child Support

No, paying parents won’t receive any sort of deduction or credit for court-ordered payments. These should not be claimed by the paying parent on their West Virginia or federal-level tax returns.

Parents who receive payments are not required to report them as income on tax returns. Support is considered “tax-neutral” in West Virginia, so it shouldn’t impact taxes at all.

Whether you are paying through income withholding or another method, payments won’t be taken pre-tax. The money will have already been taxed prior to being paid to the child support office.

Yes, both the Federal Office of Child Support Enforcement and the Internal Revenue Service have given West Virginia’s child support agencies the authority to intercept tax refunds to offset past-due child support debts.

Paternity may be established automatically through marriage, voluntarily through forms signed by both parents or though court-ordered genetic testing.

Paternity must be established before a father can be named on the child’s birth certificate, and the father will have no legal rights to the child until he is listed on the birth certificate.

Mothers may try to refuse a father a paternity test, but potential fathers have a right to request genetic testing to determine the father of the child when paternity is contested.

If the father has passed away, then it will be more difficult to establish paternity. Mothers should contact the local child support office to ask about their options. If mothers petition the courts, then it may be possible to conduct genetic testing to confirm the deceased parent’s paternity.

Most genetic tests require samples from the child, mother, and father. Courts may order parents to submit to genetic tests during a paternity hearing. If the mother fails to comply, then West Virginia courts can hold her in contempt of court.

Fathers may sign a Declaration of Paternity Affidavit together with the child’s mother at the hospital or by appointment at a local health department office. Fathers must establish paternity in West Virginia by the time the child turns 18-years-old. If the action is brought by the child, then paternity can be established up until the child’s 21st birthday.

Yes, it is possible to modify support orders in certain circumstances. Both parents have a right to request a review or modification of a current order.

Parents can request a review for modification when there has been a significant change in either the parent’s or child’s circumstances or when it has been at least 36 months since the order was initiated.

Parents can file for a modification of support by filling out the following forms: Petition for Modification, Financial statement, Petitioner’s Civil Case Information Sheet and a BSCE Application and Income Withholding Form.

In rare circumstances, orders may be appealed based on wrongfully determined paternity. Otherwise, orders may be terminated based on a change in circumstances.

No. Parents can ask for a lawyer’s help, but West Virginia’s Bureau for Child Support Enforcement can also assist parents in filing the proper paperwork.

Enforcement actions can take several weeks to begin. Enforcement measures can be taken as soon as a judge confirms the non-payment and seeks an enforcement action.

When you aren’t receiving your rightful payments, parents should report the non-payment to their support office.

If you aren’t paying, then enforcement measures may be levied against you such as wage garnishment or revocation or drivers’ licenses.

The federal government considers it a felony for a parent to willfully avoid paying for over two years or amounts over $10,000.

West Virginia does have programs that allow forgiveness of interest when parents pay off all debts owed during a certain tie period, but all parties must voluntarily agree to forgive the interest. The debts themselves must be paid.

File a request for modification with the courts. 

Parents can apply for child support termination when the child reaches the age of majority and has graduated high school.

Yes, custodial parents can request a support case be closed at any time.

In West Virginia, the age of majority is 18-years-old. Support may continue past this age when the child is a student in a secondary school.

18 is the age of majority in West Virginia. Parents can also terminate the obligation when the child has gotten married, passed away or joined the military.